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IN THE MATTER OF DAVONTAE D.

CAF 07-02050

2009 NY Slip Op 03566

IN THE MATTER OF DAVONTAE D., CELIA D.C., SAMUEL D., KNOWLEDGE O.D., AND MARKELL D. MONROE COUNTY DEPARTMENT OF HUMAN SERVICES, PETITIONER-RESPONDENT; and CELIA D., RESPONDENT-APPELLANT.

Appellate Division of the Supreme Court of New York, Fourth Department.

Decided May 1, 2009.

Attorney(s) appearing for the Case

LORENZO NAPOLITANO, ROCHESTER, FOR RESPONDENT-APPELLANT.

DANIEL M. DELAUS, JR., COUNTY ATTORNEY, ROCHESTER (PAUL N. HUMPHREY OF COUNSEL), FOR PETITIONER-RESPONDENT.

ANTHONY LEAVY, LAW GUARDIAN, ROCHESTER, FOR DAVONTAE D., CELIA D.C., SAMUEL D., KNOWLEDGE O.D., AND MARKELL D.

PRESENT: HURLBUTT, J.P., MARTOCHE, CARNI, GREEN, AND PINE, JJ.

It is hereby ORDERED that the order so appealed from is unanimously reversed on the law without costs and the matter is remitted to Family Court, Monroe County, for further proceedings in accordance with the following Memorandum: Respondent mother appeals from an order terminating her parental rights with respect to her five children pursuant to Social Services Law § 384-b based upon a finding that she had permanently neglected them. We conclude that Family Court abused...

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